Mauthey v. Wyoming County Co-op. Fire Ins.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by John Mauthey against the Wyoming County Co-operative Fire Insurance Company. From an order denying a motion to vacate an order, previously granted, directing the secretary of defendant to appear for examination, defendant appeals.
1Opinion of the CourtSpring, J.
This action was commenced by the service of the summons, and from the affidavits used, upon which the original order was granted, it appears that it was commenced to recover upon an insurance policy, which it is claimed was issued by the defendant to one Barth Mauthey in the sum of $600. Mauthey died, leaving a last will and testament, devising the property upon which the dwelling claimed to be insured was situate to the plaintiff in this action, and the house was destroyed by fire. Plaintiff did not know that any policy was ever issued, but was so advised, and upon application to the…
2Cases cited4 opinions
- McGuffin v. DinsmoreThe Superior Court of New York City · 1878
- Bloodgood v. SlaybackAppellate Division of the Supreme Court of the State of New York · 1901
- Duffy v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1901
- People v. ArmourAppellate Division of the Supreme Court of the State of New York · 1897